Kenyon & Kenyon LLP develops intellectual property strategies which allow medical device manufacturers to succeed by capitalizing on a growing market while navigating the challenges that an increasingly competitive environment brings. As counsel to the largest medical device manufacturers in the world, we employ our legal insight and our backgrounds in science and engineering to protect and grow our clients’ IP. We are regularly called upon to safeguard core products worth billions of dollars as well as cutting-edge technologies that are shaping the future of the medical device industry. With experience representing medical device manufacturers in over one hundred litigation matters and obtaining patent protection for hundreds of complex innovations within this field, we have the resources and experience necessary to handle any IP matter with efficiency.
We currently represent over 70 medical device companies, research institutes and individual physicians in medical and surgical fields including orthopedics, cardiac, ophthalmologic, dental, pulmonary, and neurologics, among others. Our experience with medical device technologies includes coronary stents, catheters and blood pressure sensors, computer interfaces for biological data management, high throughput screenings covering an array of biological interactions, protein structure prediction, bio-molecular micro-arrays, differential gene expression analysis, medical imaging, and iris, facial and voice recognition applications. We also have experience in the field of neuromodulation including electrical leads, patient programmers, clinician programmers, neural sensors, computer modeling of the brain, and waveform delivery.
We represent medical device manufacturers in major actions brought before the busiest forums for IP litigation. Our knowledge of how medical device companies fare in specific jurisdictions informs the strategies which we develop in order to help our clients reach their goals. Of added value to medical device manufacturers is our capacity to initiate and defend actions before the United States International Trade Commission. With a team of attorneys who formerly worked at the ITC, we are prepared to defend our clients’ rights, as well as to challenge the rights of their competitors, as they relate to importing products into the US, the world’s largest medical device market.
We draw upon our technical knowledge and industry insight to guide our clients’ investment decisions. At the very outset, we draft durable patents capable of withstanding challenges brought by competitors. With an eye towards helping clients improve profitability and accomplish business objectives at minimal risk, we render product clearance opinions and opinions regarding the likelihood of infringement. We also advise on how to design around existing patents to minimize liability. In addition, we optimize the patent portfolios of our clients by conducting periodic portfolio audits, to identify assets which may be under-protected, as well as those which no longer merit the resources required to maintain them. We also provide due diligence reviews of third-party portfolios to prevent our clients from acquiring potentially problematic assets. Of particular value to medical device manufacturers is our proficiency in identifying licensing and technology transfer opportunities and negotiating agreements related thereto in order to generate additional revenue and form strategic alliances with partners and peers. We also conduct comprehensive trademark searches and filing campaigns to secure protection for new product lines.
Given the rapid advancements in medical device technology, our attorneys are committed to expanding their legal and technical knowledge in the field to ensure that our clients obtain the most effective intellectual property protections available. To that end, we publish articles concerning the medical device field in prominent industry journals such as Medical Device & Diagnostic Industry. Additionally, we are active members of several leading industry organizations including the Biotechnology Industry Organization (BIO), the BIO IT Coalition, the New York Biotechnology Association (NYBA), the Northern Virginia Technology Council (NVTC) Information Technology and Telecommunications Committee, and the NVTC BioMedTech Committee.